A DUI conviction can result in harsh penalties. For example, a standard first offense carries up to 6 months in jail, a mandatory DUI school, fines and a 6 month license suspension. The penalties associated with subsequent DUI’s within 10 years are greatly enhanced and depending on the number of priors, can include license revocation and state prison. A DUI conviction can also affect your career, your reputation, your family and your finances. Therefore, it is extremely important to consult with an experienced attorney who can assess the legal issues in your case and advise you accordingly.
Michelle Dylan has handled hundreds of DUI cases in court and at the Department of Motor Vehicles. In the course of her practice, she has formed relationships with prosecutors and hearing officers throughout Northern California. Michelle’s goal is to obtain the best result possible for you in your case, which includes mounting an aggressive defense to the charges, fighting to protect your license, finding alternatives to jail time, and helping you to minimize the consequences of the charges on your career, your family and your future.
Over the last 15 years, Michelle has successfully defended numerous DUI cases, obtaining dismissals or the reduction of charges and/or sentences.
For how long can the DMV take my license?
One of the things that is confusing about a DUI is the fact that you have two fights on your hands: one in the criminal court and one at the Department of Motor Vehicles. Your license can be suspended based on either action.
For example, when you’re arrested for a first DUI offense, the DMV can suspend your license for 4 months based on their own action separate and apart from the court proceeding. In most cases, you will be eligible for a restricted license that allows you to drive to and from work and in the course of your employment and to and from a DUI school, after 30 days of the suspension. However, if the DMV finds that you refused to take a chemical test or if you were under 21 years old, you will lose your license for one year with no restriction available. If you have a commercial license, you will lose your commercial privilege to drive for one year.
If the DMV action is based on a subsequent DUI within 10 years, the license suspension or revocation period increases accordingly. A second DUI results in a one year suspension, a second DUI with a refusal results in a two year revocation, and a third DUI with a refusal results in a 3 year revocation.
As for the criminal proceeding, if you are convicted in court of a standard first DUI, your license will be suspended in a separate DMV action for 6 months. However, you will be eligible for a restricted license. The 6 month license suspension is increased to 10 months if you refused to take a chemical test or were driving with a .20 percent blood alcohol level.
The penalties associated with subsequent DUI convictions within 10 years are greatly enhanced. For example, a second DUI conviction results in a 2 year license suspension, a third DUI conviction results in a 3 year license revocation, a fourth or subsequent DUI conviction results in a 4 year license revocation. If you did not refuse to take a chemical test, you will be eligible for a restricted license after varying periods of time provided you install an Ignition Interlock Device in your vehicle, enroll in a DUI program and meet all other requirements.
If the DUI caused injury, the effects of a conviction on your license will be greater.
It is vital to contact an experienced attorney to work with you on minimizing the consequences of a DUI on your ability to drive. Contact us at the Law Office of Michelle Dylan for information on how to eliminate the suspension altogether or obtain a restricted license as soon as possible.
What is the Ignition Interlock Device Pilot Program?
If you are convicted of a DUI, and the violation occurred from July 10, 2010 through December 31, 2015 in one of the four pilot counties in the Ignition Interlock Device Program, Alameda, Sacramento, Los Angeles or Tulare County, you will be required to install a certified ignition interlock device on every vehicle you own or operate for 5 months if it is a standard first offense, 12 months if it is a second offense within 10 years, 24 months if it is a third offense within 10 years, and 36 months if it is a fourth offense within 10 years. If the DUI caused injury, the IID restriction periods are longer.
Our office can help you to apply to the DMV for an exemption from this requirement.
How do I get a hearing with the Department of Motor Vehicles to try to save my license?
You must request a hearing with the Department of Motor Vehicles within 10 days of your arrest. If you don’t make the request within this timeframe, the DMV will suspend your license. Even if the 10 day period has passed, you should request a hearing. It may be possible to obtain the hearing depending on the circumstances, however the DMV has every right to deny a late request and in all likelihood will.
Contact our office to request a hearing with the Department of Motor Vehicles on your behalf.
If I have no other holds on my license, can I keep driving while I fight the DMV action?
Yes, if a hearing is requested within 10 days of your DUI arrest. When you are arrested for a DUI the arresting officer should give you a pink piece of paper called an Order of Suspension and Temporary License that serves as your Temporary License for 30 days. If you make a timely request for a hearing and you request a stay of your driver’s license suspension, this Temporary License will be extended until the outcome of the DMV hearing.